New Zealand's Acceptance of the Importance of Privacy Essay

The interpretation of “privacy” under the PCC Code was considered in R (Ford) v Press Complaints Commission . The applicant was the well known television journalist, Anna Ford. She looked for authorization to apply for judicial review of the PCC choice dismissing her protest about distribution of photos of her and her accomplice on a disengaged yet open shoreline abroad. Silber J refused permission on the basis of the “broad discretion” given to media regulators and the “extended deference given by the courts” to their

R.v. Feeney (1997) is a important case for the development of a Feeney warrant, which is needed for the police to enter a dwelling house. This ensures individuals have privacy at their homes from the police making forcible entries. When a suspect gets arrested and their privacy rights are infringed. The job of the courts are then to evaluate the case, and check if the appellants rights were indeed violated, if so was it because the protection of society outweigh the individual right to privacy. First, in this paper we will discuss important section numbers relating to the Feeney case which includes section 8, 10 (b), and section 24 (b). Than we will examine the ruling from the Supreme Court of Canada regarding the Feeney case and how this case has impacted police in their work and assuring individuals their right to privacy. After we will look at two other cases precedent to the Feeney case that includes R.v. Godoy (1999) and R.v. Gomboc (2010). Lastly, the personal analysis section will evaluate the decisions made from the three cases, identifying whether the judges have made the correct decisions.

Ava DuVernay’s documentary, 13th, is a powerful analysis of the 13th Amendment included in the United States Constitution. Released October 7th, 2016, 13th depicts African Americans, even after the abolishment of slavery, as legally exploited through the 13th amendment. The goal of the documentary seems to strongly portray to its viewers the manipulation of politics at the expense of Blacks, yet again. 13th effectively demonstrates the struggles African Americans face in the arms of the criminal justice system in a powerful and emotion-provoking manner.

Privacy is one of the most controversial, yet most essential topics in the discussion of civil liberties. Some treat it as a necessity along with life, liberty, and property, whereas other people see it as something that shouldn’t get in the way of things like security (Sadowski).

The common law jurisdiction in the UK did not hold the rights of an individual 's privacy highly against the public interest of free expression. UK had a tragic lesson learnt with the death of Princess Diana from chasing paparazzi and in 1998 the United Kingdom passed its Human Rights Act which included a right to privacy. Yet many Judges decisions still use the words of breach of confidence.

The Ontario Court of Appeal recognized the tort of intrusion on seclusion in Jones v Tsige. This decision provided the foundation for determining damages under the tort. The foundation in Jones was modified by case law. This multiple case analysis will explore how an Ontario court should calculate damages, with reference to the following cases: Alberta v Alberta Union of Provincial Employees, Hopkins v Kay, and Condon v Canada. Taken together, these cases indicate that a damage award in Ontario should reflect the offensiveness of the invasion of privacy and the harm it caused. These factors should be balanced against any steps taken by the defendant to rectify the breach. Ultimately, this assessment should be

The Constitution states that a person has the right to publish or print any news or opinions that they deem worthy. Yet today some laws prohibit this freedom, by creating laws in order to protect the individual’s privacy, we are limiting ones ability to report facts. Furthermore many records previously available for the public to view are now sealed. On the opposite end of the spectrum new freedoms are being allowed. In a court case, “Justice Joseph Teresi has struck an important blow for constitutional rights and an open judicial process by allowing cameras to televise the murder trial.”[3] By allowing a camera into the courtroom people are better able to get a grasp on our judicial system in the United States. This decision also allows citizens to view first hand news in action, without any biases created by reporters. As some of our freedoms are revoked other are being ratified. These changes

Investigating the “right” to privacy in the Constitution – Using reliable Internet sources, look up the following and respond to the questions.

As human beings and citizens of the world, everyone values their privacy. It is a right that is often looked over and taken for granted by most. Since the beginning of time, there have been concerns about individuals’ rights to privacy and their personal information remaining confidential. Our founding fathers had concerns about this which is why, “…this right has developed into

When the first 10 amendments of the constitution were written, one of the main concerns was government intrusion. In the 1800s, citizens were concern about the confidentiality of their correspondence. Likewise in 1890, the concern was photography and yellow journalism. With lack of privacy laws, citizens brought several cases to the U.S courts because they felt there were violations of privacy. As a consequent, several torts were written and recognize by most states. This torts included the intrusion upon seclusion, public disclosure of private facts, false light or publicity, and appropriation. Though, historical events have help to expand the definition of privacy, there has not been a critical event that forced America to have a comprehensive federal policy about protecting the right to privacy. Nevertheless, every time that there is a major concern that threatens the right to privacy, the government and the states have passed laws to eliminate those

In support of privacy, Daniel J. Solove wrote, Why Privacy Matters Even If You Have ‘Nothing to Hide.’ Solove begins his argument by introducing the nothing-to-hide argument. In general, the argument for surveillance is ‘if you’ve got nothing to hide, you’ve got nothing to fear:’ hence people’s support for government efforts and regulations to ‘protect’ citizens by decreasing privacy. Those who object this argument target its most extreme cases. For example, if you have nothing to hide, could I take a nude picture of you, own all entitlements to the photo, and share it with anyone? Absolutely not, most would say, but this objection is not exceptionally compelling according to Solove. In order to understand privacy, we must not reduce it to one single definition. Privacy is extremely complex and involves a range of different things that share common characteristics. For instance, one’s privacy can be invaded by the expose of your innermost secrets, but it may also be invaded if a peeping Tom (without the reveal of any secrets) is observing you. Your privacy may also be invaded if the government seeks extensive information about you. All of these examples cause harm related to an invasion of privacy, thus making the definition of privacy not applicable for a “one size fits all” conclusion. The underlying and most significant harm that comes from surveillance is the problem of information processing. Solove uses The Trial example to demonstrate this effect. Here, the

America was founded of the ideals of free speech and equality, but if one tries to exercise these rights to the fullest extent, one’s privacy would be jeopardized. The purpose

“Many laws exist in Britain restraining the media. In 1992, the White Paper, Open Government, identified 251 laws outlawing information disclosure. Two years later the Guild of Editors listed 46 directly relating to journalists. The laws of libel, contempt, defamation, obscenity and ‘gagging’ injunctions to stop alleged breaches of confidence all act as restraints on the media.” (Keeble, Richard/ Ethics for Journalists)

This paper’s main focus is to answer the question: “What guidance have the courts offered to help determine the point at which a journalist wrongly goes beyond reporting newsworthy information, instead reporting private, embarrassing facts that invade a person’s privacy?” To answer this question, history of the legal system, Supreme Court and past precedents must be understood and taken into consideration. The definition of privacy as well as its history in regards to its relationship with news and journalism must be understood. To do so, many Supreme Court cases will have to be taken into consideration, such as Galella v. Onassis, Cox Broadcasting Corp. v. Cohn, Florida Star v. B.J.F. and Wilson v. Layne. To better understand the future, past cases will be crucial to be studied and acknowledged.

Problems take place within the media when public interest is conflicted with human right and the right to privacy. You can easily validate publishing privet information as a form of public interest, but you however cannot justify the damages it may cause.